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HomeMy WebLinkAbout2013-01-22 Council Packet - Work Sessioni AGENDA KENAI CITY COUNCIL WORK SESSION rr city" JANUARY 22, 2013 — 6:00 P.M. KENAI, ALASKA KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 httD://www.ci.kenai.ak.us Kenai River Estuary Rehabilitation Proiect at the Wildlife Viewing Platform A. Introduction - Rick Koch, City Manager B. Presentation of Proposed Alternatives to the Kenai Estuary Rehabilitation Project - Rick Koch, City Manager C. Robert Ruffner, Kenai Watershed Forum D. Steven Meyer, Delta Waterfowl E. Ken Tarbox, Keen Eye Bird Club F. Rick Richardson, Delta Waterfowl G. Council Discussion and Public Comment H. Adjournment All meetings are open to the public and participation is encouraged. Agendas and supporting documents are posted on the City's website at www.ci.kenai.ak.us. For additional information, please contact the City Clerk's Office at 907 - 283 -7535 ext 231. AGENDA KENAI CITY COUNCIL WORK SESSION JANUARY 22, 2013 — 6:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us Kenai River Estuary Rehabilitation Project at the Wildlife Viewing Platform A. Introduction - Rick Koch, City Manager B. Presentation of Proposed Alternatives to the Kenai Estuary Rehabilitation Project - Rick Koch, City Manager C. Council Discussion and Public Comment D. Adjournment All meetings are open to the public and participation is encouraged. Agendas and supporting documents are posted on the City's website at www.ci.kenaiak.us. For additional information, please contact the City Clerk's Office at 907 - 283 -7535 ext 231. " "Village with a Past, C# with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 / Telephone: 907- 283 -7535 / FAX: 907 -283 -3014 II II' i�lP L[Ly L�/ 1992 KENAI, ALASKA MEMO: TO: City Council FROM: Rick Koch, City Manager DATE: January 18, 2013 SUBJECT: Proposal /Request to Construct Rehabilitation /Restoration Improvements on City -Owned Property Near the Wildlife Viewing Platform on Boat Launch Road The purpose of this correspondence is to discuss the above referenced request from Robert Ruffner representing the Kenai Watershed Forum and Ken Tarbox representing the Keen Eye Bird Club, and to submit for your consideration recommendations from the Administration. In addition to the above referenced individuals, the following have participated in discussions on this subject: - Mike Crawford, representing the Kenai Peninsula Chapter Safari Club International . Mr Crawford also serves on the Alaska Department of Fish & Game Kenai Peninsula Regional Advisory Council as Chair, and is an active member of Delta Waterfowl and Ducks Unlimited - Steve Meyer, representing the local chapter of Delta Waterfowl. Mr. Meyer also serves on the Alaska Department of Fish & Game Kenai Peninsula Regional Advisory Council as Secretary, as Vice President of the Snowshoe Gun Club, and is an active member of Delta Waterfowl and Ducks Unlimited - John Devney, Vice - President -Delta Waterfowl - Rick Richardson, representing Delta Waterfowl. Mr. Richardson is Vice President of the local Pintail Chapter of Delta Waterfowl For ease of identification I will refer to the above four individuals as Representatives of Local User Groups. Following presentations to Council from Mr. Ruffner, Mr. Tarbox, Mr. Crawford, Mr. Meyer, and Mr. Richardson on the subject of a rehabilitation project, Council directed the City Manager to meet with the parties /individuals and determine if there was a project scope that was mutually supported. I have met with all of the individuals that made presentations to Council and have been part of an on -going e-mail discussion regarding the proposed project. Discussion has centered around the original proposal and two alternatives, I will discuss each below and identify the support or lack thereof of the parties, as I understand it. The parties will be identified as Kenai River Watershed Forum & Keen Eye Bird Club, Representatives of Local User Groups, and City Administration. Original Proposal 1. Remove material which has been imported to the site and is incapable of sustaining re- vegetation of native plant materials 2. Construct a pond, approximately 506' x 331', +/- 3.85 acres 3. Construct an elevated walkway from the Wildlife Viewing Platform to the Kenai River, approximately 506 lineal feet in length, to enhance access to the Kenai River for Personal Use Fishery participants 4. Re- vegetate all other areas with native plant materials Support/ Non Support for Original Proposal Organization Support (Yes /No) Comments Kenai Watershed Yes These organizations proposed this scope of work Forum /Keen Eye Bird Blub Rep. of Local No These representatives support items described in task User Groups numbers one and four, but do not support items identified in tasks two and three. City No Administration supports items described in task Administration numbers one and four, but does not support items identified in tasks two and three. The construction of a pond may be problematic, both from the standpoint of environmental concerns regarding the possibility of entrapped fish (which has been raised by the US Corps of Engineers and the Alaska Department of Fish & Game, and future development of the area. The Administration also does not support the construction of an elevated walkway to enhance access to the Kenai River during the Personal Use Fishery. There are already issues of degradation of the area, trash being deposited from the Wildlife Viewing Platform to the River, fish waste being deposited in solid waste receptacles and left lying on City -owned uplands, and parking traffic problems on Boat Launch Road. It is Administration's intent during the 2013 Personal Use Fishery to fence off this area and prohibit access to the River at this location. Alternative Number One 1. Remove material which has been imported to the site and is incapable of sustaining re- vegetation of native plant materials, if necessary 2. Construct a pond, approximately 506' x 331', +/- 3.85 acres 3. Re- vegetate all other areas with native plant materials Support/ Non Support Alternative Number One Organization Support (Yes/No) Comments Kenai Watershed Yes Ken Tarbox informed the Council that the reason the Forum /Keen Eye elevated boardwalk was included was because they Bird Blub were under the mistaken impression the City favored construction of a boardwalk, and that its removal from the project scope was not a problem. Rep. of Local No These representatives support items described in task User Groups numbers one and three, but do not support the item identified in task two. City No Administration supports items described in task Administration numbers one and three, but does not support the items identified in task two. The construction of a pond may be problematic, both from the standpoint of environmental concerns regarding the possibility of entrapped fish (which has been raised by the US Corps of Engineers and the Alaska Department of Fish & Game, and future development of the area. It is Administration's intent during the 2013 Personal Use Fishery to fence off this area and prohibit access to the River at this location. Alternative Number Two Remove material which has been imported to the site and is incapable of sustaining re- vegetation of native plant materials, if necessary Re- vegetate all other areas with native plant materials Support/ Non Support for Alternative Number Two Organization Support Comments (Yes /No) Kenai Watershed Yes This is a qualified yes. In the event the scope of work for Forum /Keen Eye this alternative is successful they are supportive, but if Bird Blub through further technical evaluation (examination of soils, etc.) it is determined that re- vegetation /rehabilitation of this area is not possible, they want to be able to re -visit the possibility of constructing a pond. Rep. of Local Yes These representatives support items described in task User Groups numbers one and two. City Yes Administration supports this alternative, and supports Administration further discussion regarding a pond if it is determined that re- vegetation /rehabilitation is impossible. It is Administration's intent during the 2013 Personal Use Fishery to fence off this area and prohibit access to the River at this location. City Administration recommends Alternative Number Two. Mr. Ruffner informed me it is not necessary for the Council to provide a Resolution in support of the project, but per the e -mail dated January 18, 2013 from Mr. Ruffner to Ms. Anne Sutton at the Alaska Department of Fish & Game, it is necessary for the City to approve a funding ordinance to accept $10,000 for the project. Notwithstanding Council direction to the contrary, it is my intent to introduce an ordinance to accept and appropriate $10,000 for the project at the February 6, 2013 Council meeting KENAI RIVER ESTUARY REHABILATION PROJECT AT THE KENAI WILDLIFE VIEWING PLATFORM View looking west toward Mt. Redoubt. Area proposed to rehabilitate Our Request The Kenai Watershed Forum respectfully requests $10,000 from the Alaska Department of Fish and Game Wildlife Viewing Program fox design, permitting and development of a cost estimate to rehabilitate a disturbed tidally influenced area near the mouth of the Kenai River. The project will focus on the area near the recently completed bird viewing platform near the City of Kenai's boat launch area and provide better pedestrian access to the river while also enhancing bird viewing opportunities. Background In the spring of 2003 a National Science Ocean Bowl team from Skyview High School proposed an economic development plan for the Kenai River estuarine areas. This plan focused on maintaining the estuary and adjacent wetlands in a natural state with infrastructure to promote bird and wildlife viewing. Tourist facilities would be created along the waterfront to promote riverside use in the City of Kenai. Concurrent with this effort a group of local citizens were promoting a Kenai Peninsula Wildlife Viewing Trail. Today that trail is a reality with 65 sites on the Kenai Peninsula designated for wildlife viewing and a guide highlighting these sites is available through numerous venues to residents and visitors. The two efforts came together when government and private organizations combined forces to build a bird/wildlife- viewing platform near river mile 2 of the Kenai River. The platform construction was facilitated and managed by the Kenai Watershed Forum in conjunction with multiple partners. �r a, ty t. Existing Bird Viewing platform The platform is located in a prime viewing area for migrating waterfowl and shorebirds as well as resident nesting birds. Over 130 species of birds can be seen on the Kenai River estuary. In addition marine mammals like Harbor seals (over 200 haul out in the spring to fall period) and endangered Beluga whales in the Kenai River can be viewed from the platform. Caribou roam the flats and of course moose wander all season long. The platform was designed to handle a school size class and is being used by area schools and the sponsors as envisioned. The viewing platform was located on disturbed soil to minimize impacts to wildlife habitat at the Kenai River estuary. The area in front of the viewing platform had been a roadbed and since been covered in river silt. i ;5 Fg' In 2010 with grants from the United States Fish and Wildlife Service (USFWS) restoration work on this area was started by the Kenai Watershed Forum (KWF). The initial effort entailed spreading nutrients over the disturbed area and roughing up the soil in the hope that native vegetation would take root. The effort was repeated in 2011. Unfortunately, these efforts failed as the high tides of Upper Cook Inlet periodically cover this area compacting the silt/soil into a hardened surface. In addition, public use of this area to access the Personal Use dip net fishery further degraded the restoration efforts, even with fencing and directional signage. PROPOSED REHABILITATION AND POND CONSTRUCTION This proposal seeks a successful rehabilitation of the disturbed area with the construction of a tidal pond and walkways. In the figure above the yellow represents a proposed elevated boardwalk to allow viewers and river users to walk along the pond (outlined in blue). Short spurs off the main walkway will lead to viewing blinds for photography and viewing. Some of the material removed from the pond will be used to create islands in the pond for nesting birds and as refuge areas from predators. Approximate specifications for the elevated boardwalk, pond, islands, and pond depth are: Boardwalk -506 feet Pond Length -331 feet Pond at greatest width -129 feet Pond at narrowest width -18 feet Average Pond width - probably around 55 feet Island 1 - starting on west side south and then moving to platform -85 x 18 feet Island 2 -27 x 10 feet — one island covered in gravel to promote Arctic tern nesting Island 3 -55 x 10 feet Island 4 -45 x 18 feet. Pond depth — slope from a few inches (shorebird feeding area) to 2 feet deep behind islands (waterfowl area). PHASE APPROACH TO CONSTRUCTION Phase 1— Design and Survey— this request The project will require a design phase that incorporates habitat, hydrological, vegetation restoration methods, detailed site plans and construction costs. Prior to design, we will have informal consultation with the permitting agencies to understand any potential design constraints. We will use the design to file permits, but do not expect to have secured permits until spring of 2013. The initial phase, pending funding, will be completed by December 31, 2012. Initial cost for this phase of the project is 10,000 dollars. Phase 2 — Pond Construction Pending permit approvals and funding, pond construction will start at the end of September and be completed by the end of November 2013. Construction at this time will minimize impacts on migrating waterfowl, shorebirds, terrestrial mammals, and the public use of the area. Seeding of spoil piles, islands, and surrounding areas will be completed during the spring /summer following pond construction. The cost estimates of this phase is dependent on the design work but is estimated at approximate cost is 250,000 dollars. Phase 3 — Boardwalk Construction Depending on funding, construction of the elevated boardwalk will be the final phase of the project. The boardwalk is not absolutely critical to the restoration projects. However, in the absence of the boardwalk an elevated ground level path will be fenced for the public to access the Kenai River bank for dip net fishing. PARTNERSHIPS Partners in the project include the City of Kenai, which has given tentative approval to the project pending final design considerations, the Kenai Watershed Forum, Keen Eye Bird Club, the Alaska Department of Fish and Game, the Alaska Department of Natural Resources, and the United States Fish and Wildlife Service. DELTA WATERFOWL FOUNDATION November 27, 2012 1 NOV 2 S 2012 Mayor Porter City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mrs. Porter, The firtrae of svatelfovi,l and waterfowl hmlting I am writing today on behalf of the Delta Waterfowl Foundation (Delta) and our local volunteers and members in and around Kenai. Delta Waterfowl is an international (U.S. and Canada) non profit waterfowl conservation and waterfowl hunting organization with a significant support base in your community. The reason for my letter today is that we have received information that there is an observation platform and boardwalk proposed for the Kenai Flats. Firstly, let me state that we are enthusiastic supporters of getting the public engaged in wildlife viewing and birding -this is a key element in broadening the public support for waterfowl (and other bird) conservation, creating awareness of the habitat needs of these birds and developing a real connection with the birds we all love. However, we have heard from our constituents in the region and they are concerned that the proposed construction of the platform, and ultimately the boardwalk, will create tension between the waterfowlers who have hunted the flats for generations and birders and wildlife observers who may not appreciate waterfowl hunting in proximity to the viewing areas. Additionally, the platform and the proposed boardwalk would be legally construed as improvements and as such, hunting within a quarter mile of those structures would be illegal. The resulting zone of impact would reduce the area available to hunters significantly, especially if the boardwalk is built. Unfortunately, historical experience lends credence to the concerns of your local waterfowlers over development of this nature. In many areas of North America, when similar structures have been constructed in areas of hunting activity, hunters consistently find themselves losing access to their treasured places. We would hate to see that occur in this traditional hunting area. Accessible public hunting areas such as the Kenai Flats are fundamental to retaining current hunters, and recruiting new hunters and maintaining the place of waterfowl hunting in our communities. U.S. OFFICE P.O. Box 3128 • Bismarck, NO 58502 • Office 701 222 -8857 • Fax 701 224 -1924 • Toll Free 1- 888 -987 -3695 • E -mail: usa@deltawaterf6wl.org CANADA OFFICE Unit 22 — 62 Scurfield Blvd. • Winnipeg. MB R3Y IM5. Office 204 956 -7766 • Fax 204 956 -7755 • Toll Free 1 -877- 667 -5656 • E -mail: canada @deltawaterfowl.org www.deltawaterfowl.org From our vantage point there are two potential solutions that perhaps you and the Council members may consider. First, choose an alternate site for the construction of the platform and the boardwalk that can avoid tension between the hunters and observers. It would be presumptuous of us to suggest a potential site, but evaluating this as an option may serve the varied stakeholders well. Secondly, and in the case where an alternate location is not a serviceable option, provide some means of assuring waterfowlers that their ability to hunt on the Flats will not be compromised by the presence of the structures and increased access. I am not intimately aware of the appropriate legal designation under Alaska law, but providing for the perpetual use of the Flats for waterfowl hunting would ensure that the construction would not ultimately lead to the loss of access for waterfowlers. Mayor Porter, we genuinely appreciate your consideration of our perspective and that of our members, volunteers and supporters in Kenai and the surrounding areas. In order to voice our position in an open and official way, we are requesting that some of our local members be provided with the opportunity to speak to you and Council at your meeting on the 5ch of December. Thank you again! Sincer��� J n L. Sincere ice President -U.S. Policy X112-11-?7 1046 blike Crawford 907- 26;0 -9210» 9072635063 P.U, Box 2988 • Soldoma, Alaska 99669 SU p'� ilOV 2 8 201 November 27, 2012 d� �' r �, %t Mayor Porter and Council of the City of Kenai City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 RE: Kenai River Wildlife Viewing Platform Dear Mayor Porter and Council Members, The purpose of this letter is to provide comment on the proposed Kenai River Estuary Rehabilitation Project at the existing wildlife viewing platform near the City's boat launch facility. The information packet provided at the November 7 City Council meeting included background and plans for further development of the platform and noted that the City of Kenai has given its tentative approval. The Alaska's Kenai Peninsula Chapter of Safari Club International consists of a group of local hunters concerned about the future of wildlife and hunting. Our members are dedicated to conservation, education, humanitarian programs, and protecting hunter's rights. The existing wildlife viewing platform; built in 2008, has negatively impacted waterfowling on the Kenai River Flats since its installation, the new proposal will result in further restrictions in the area in which hunters have traditionally hunted waterfowl. Unfortunately, local waterfowl hunters were not aware of the existing wildlife viewing platform when it was proposed and did not provide comment at the public hearings. The same year (2008) the wildlife platform was proposed, several duck blinds were removed by State Parks from land adjacent to the City's property without prior notification to hunters during the fall hunting season. In response, a group of concerned hunters proposed a regulation change decreasing the distance from the developed facility in which a shotgun could be used from V2 mile to 'b mile in order to create greater opportunity for a growing number of youth interested in water fowling; acknowledging that the Peninsula does not have many accessible areas. As a result, the proposed change was adopted by the State of Alaska, making the Kenai River flats an ideal opportunity for duck hunters on the Peninsula. The existing platform and proposed boardwalk are considered a developed facility, furthermore reducing the area hunters may use. The history of waterfowl hunting on the flats includes generations of hunters, for this reason, the Kenai River Flats is an ideal place to take youth hunters who would not otherwise have an opportunity to experience water fowling on the Peninsula. Many hunters are also wildlife viewers, however, the creation of infrastructure that brings two gmuns into conflict may not he necessary in order for wildlife viewing onnortunitiea to P 2./3 201-11 -27 10:45 Mike Oavford 907 -260 -9210 nn 9072035068 P313 be available on the flats. In fact, the creation of such infrastructure has the potential to reduce the quality of experience for both user groups. Without the benefit of a study which examines the carrying capacity, social and ecological impacts, or a survey of the use and experience of bird and other wildlife viewers to indicate whether the platform has met the objectives of increased tourism or quality experience for viewing is difficult to evaluate. The negative impact regarding wildlife viewing or water fowling due to proposed infrastructure in other parts of Alaska is being considered. Harmful effects on birds and animals include the stress caused by the close proximity of humans to animals, which triggers anti - predatory behavior, heightened vigilance, and nervousness. Consequently, reasons for using blinds similar to those used by hunters, is also a common practice by some bird watchers. As this proposal moves forward, we ask that the City of Kenai Council to consider a resolution allowing for the preservation and heritage of water fowling on the Kenai River Flats. We also ask the consideration of future projects regarding platform/boardwalk use that will not bring two user groups into conflict. Sincerely, Mike Crawford President, Alaska's Kenai Peninsula Chapter Safari Club International �'cr ° a.::: u.�4:. - :. "j in.ia NOV 2 S 2012 Kenai City Council: Having lived a very long time in one place is a bit of a mixed blessing. Watching a place grow and prosper and become a viable community has been a rewarding time in the years since 1971, when my family came to Kenai and wallowed through the slop that was the road north of Kenai and what would become a very nice stretch as time evolved. We came from the prairie pot -hole region of eastern North Dakota, dirt farmers and people used to living off the land. Hunting is what brought us to Alaska. My father had come up the previous year and had taken a 55" inch bull moose and basically fell in love with what Alaska offered the hunter and fisherman. I was I 1 years old at the time but had been hunting on my own since turning nine and even at that age, wildfowl hunting was my passion. Back then of course, the information network was via getting to know people and exploring the country but virtually everyone here at that time was a hunter of some sort, most of as thinking, "why in the world would you live here if you weren't ?" And thus it was not particularly difficult to find that the most prolific duck and goose hunting available to a local was the Kenai River delta, otherwise known as the "flats." The area was lush with low grasses and scrub brush and numerous ponds that provided nesting ground for the migratory fowl that frequented the area in the spring and a marvelous feeding area for returning migrators in the fall. At the time there was no bridge across the Kenai River to K -Beach Road. It was in its infancy and work was starting but it would not be finished for some years to come. Of course there was no viewing platform along the road and there were few homes on the southern bank of the river. This river delta already had a history dating back 1,000s of years to the first native people who utilized the flora and fauna for their survival. Of course the salmon played a role in that but so did the waterfowl, the big game animals, and the farbearers that provided winter clothing for these often tines nomadic people. When the Russians came to the Kenai and took the area over.. They killed and caught everything they could without a thought or a care of the future. The natives in the area were essentially placed into slavery by these "modern" citizens. Through the years and though the purchase of Alaska by the US there was some order put in place and after many years the area rebounded and flourished with the fish and game resources it once had. The Kenai became famous for its large moose, bears, goats, and sheep. But I wasn't particularly aware of that history when as a kid, I walked the Kenai River flats and brought home ducks and geese for the family table. I was carrying on a tradition learned in North Dakota. In the process I was to learn the area, learn the patterns of the migratory birds that frequented it and was always in rapt fascination of the new place that was now home, I don't remember what year there were two very well built blinds placed out on what once was a year -round pond in basically the middle of the southwestern potion of the flats. Best I can remember it was in the late 70's or early 80s. These blinds quickly grew up and become basically apart of the landscape. The hunters that built them used there but not exclusNely, and they became community property. Anyone could take a 2M bb9b•E8Z•106 uoi4egO,rd 4Inpv laua)l WV 97:gO 7.i07•27•AON kid out, throw a few decoys in the water and take a few ducks for supper. As the years passed these blinds took on a character, as most things subject to the elements 24 -7 do. They melded into the Iandscape and were at times life savers for the numerous land mammals that frequent the flats during exceptionally high tides. One October evening during a 24.5 tide, my hunting partner and I were in one of them and as the water rose above our hips were we stood, a vole, soaking wet, swam into the blind looking for high ground. I picked trim up and held him in my hands while his Iittle wet body shook in the cold. He eventually went to sleep and after about 20 minutes he came around and I put him on a high piece of wood where he could stay high and dry while he recovered. One of my fondest memories of the flats. ht 1984 the Department of Natural Resources became involved in this area by virtue of the Kenai River Special Management Area, A Parks regulation included that no structures were allowed to be on Park's property without pennit or approval. These blinds were on Park's property and they were, by strict interpretation of the law, in violation. And they were left alone. As the years went by, two things happened that would forever change the Kenai flats. One, the inevitable "growth" of land mass when vegetation is present. Over the years, much like the grass growing next to a curb, the land swells from the root mass beneath it. Overtime this happened to a very slight degree but enough to minimize the flooding of the area during high tides. Now the only flooding occurs when the tide is 23.5 feet or higher, a relatively rare occurrence. The other thing that happened is the infestation of seagulls. Oh there were always seagulls but there were never so many that they took over the area until dip netting and population growth produced a veritable smorgasbord between the beaches and the dump. They have completely overtaken the southwestern area of the flats opposite of the City dock and they have decimated the vegetation in the larger portion of the flats to the degree that the snow geese migration that we once enjoyed so much in the spring has diverted to more productive feed areas. At one time there were many of the migrating ducks that stayed in the area and reared their young right here; not anymore. There are very few nesting ducks on the Kenai Flats. But the blinds remained and there were times in the fall that the big ponds they sat on did fill with water and did attract waterfowl passing through. These blinds had become part of the landscape and there was no reason to remove them, at least until someone decided that their presence was particularly offensive and Parks removed them (by throwing the attendant lumber they were constructed with into the Kenai River) just before hunting season in 2008. Hunters are very sensitive to things that happen out of seemingly nowhere. Over the years hunters have been forced away from the very trails and areas they explored and traditionally used and they are very tired of being shoved to the side. Thus a group of duck hunters went first to the Kenai City Council and discovered that there was no issue with the City and the Mayor staunchly expressed support for the traditional use of the area by duck hunters even though she is woken by shotgun fire early every September 1 the opennug day. The City did not consider the blinds an eyesore, rather they were part of the landscape, 8/b bb96•f9Z•t06 uOlIP(IOAd 1tnpN tsuaN WV q7:20 ZT07•RZ•AON Next the group, primarily composed of hunters who were united through Delta Waterfowl, a nationwide conservation association, went to the next Kenai River Special Management Area meeting to find out what had happened to all of a sudden have these blinds removed. They were told that Parks had found some time that they did not have in the past and simply removed them as a matter of doing business. They had no explanation for littering in the process. Parks denied attempting to force hunters out of the area and after numerous meetings appeased the duck hunters by changing a regulation that would open more area for hunting up river. They were staunchly opposed to blinds being built and insisted they would enforce that policy henceforth. Since them despite numerous attempts to get Parks to enforce their own rules, they have not. Several things happened subsequent to that. A letter was sent to Mr. James King expressing the concern of this group for all hunters. This was responded to by suggesting we speak with Ken Tarbox, an individual who was affiliated with a local bird watching group and who had apparently proposed a plan to have a viewing platform installed and had future aspirations of installing blinds and boardwalks on the flats to support the supposed growing population of bird watchers. Mr. King's suggestion was insulting and it was evident he had no concept of what his deparhnent was doing or entering into. At a subsequent meeting with Mr. King he was not sure exactly where the places were we were talking about. But it was too late. The bird watching group had convinced all that needed to be convinced that other user groups, including waterfowl hunters had been contacted and had no objection to the platform and thus it is now a permanent fixture. But what was presented was not true, the bird watching group falsely claimed there was no opposition when in fact the local waterfowl cormnunity was not aware of this development until it was too late. The result of this action was to effectively remove a segment of the traditional hunting area from consideration for most hunters. The bird watching group would suggest that there was no additional restrictions on hunting and hunters could use the area as always. But no legitimate hunter is going to engage in hunting in plain view of a viewing platform. There is a certain aesthetic quality to the experience and the platform destroyed that, not to mention the issue that if people were actually on the platform shooting would be dangerous. As time has passed the issue of people actually using the platform is not of concern. It remains virtually unused. There are very few school groups that have taken field trips to visit the platform. This is typical nation -wide for viewing areas. Public funds, funds that would otherwise be used to actually enhance the flora and fauna of a given area, are squandered on these places that once built, see virtually no use in areas that are not heavily populated metropolises to begin with. Now knowing that fire bind watching group is seeking to make the entire Kenai flats a bird viewing area, the local hunters, to put it very mildly, are enraged. To propose an addition to the platform in the way of a boardwalk and viewing blinds is insulting and completely misguided. The author spends apart of virtually everyday of the year in the field . The vast majority of those days do not include the harvest of a bird or animal, 8/q bb9b-£H -106 uolTegoJd 01npy iauaN WV 1Z :90 ZiOZ•Sl•noN rather they are keeping tabs on what is going on, worrying about the local wildlife populations and trying to be a good steward to the fauna of Alaska, A part of many of those days includes going to the area around the viewing platform to check the birds and just to see is going on. Winter, spring, sunnier and fall (except during dipnet season) the author spends time there. Since the platform was constructed he has never seen another living person using it. Never. The author won't use it, it is an affront to everything that means anything to the natural order of things not to mention it now obstructs what was once a nice view of the historic cannery across the river and Mt. Redoubt. The restoration aspect of the proposal that the bird watching group has put forth has some merit. It seems unlikely that many know what this area looked like before Mr. Roper began his ill -fated attempt to place another docking facility there in the late 70s. Clearly at that time there was support for the project but it never carne to fiuition. And thus it was an area that was mildly disturbed for some time. It was not disturbed to the point of being what it is today. That Came as a result of the dip netting frenzy that interrupts the otherwise fairly natural order of things, every July, When we start to consider the concept of bird watching and wildlife viewing we assume that folks who would do this would have respect for that that they are viewing. There are several things that come to mind in that regard. Until conditioned, birds and animals do not wish to be spectacles. Watch any creature in a truly wild environment for long and it will sense that and move on, Ln days past, many years ago, the author discovered this by attempting to photograph moose giving birth, ducks hatching, hawks hunting, etc... What this does is disturb therm. To have a gaggle of people hanging around a nesting area is unconscionable to anyone interested in the well being of the world's wildlife, Consider this for just a moment, would you like to be on display while giving birth? Would you like to be a public spectacle while mating? Perhaps you would but it seems safe to assume most would not. Well wildlife (pick your species) does not either. It is noteworthy that the ponds to the east of the road leading into the viewing platform at one time always held several nesting pairs of ducks. Not anymore and this is not attributable to hunting. Hunters understand you do not disturb wildfowl whale they are nesting. It is possible the presence of the platform created a sense of apprehension and the birds have chosen other areas. One might suggest the dip net scenario in July is the cause but that comes well beyond the time when the birds select and utilize nesting grounds. An often cited justification for these wildlife and bird viewing areas is the economic influx such an endeavor will bring. There are numerous statistics out there that suggest wildlife viewing is a more substantial part of the economy than hunting or fishing. Well sadly enough, statistics are typically derived when the result has already been determined by whatever group is looking for a desired result. It would be off putting and insulting to suggest the members of this council would subscribe to a statistic presented by a special interest group. It isn't really all that difficult to come to a conclusion in this regard. Simply ask yourself, would we gladly turn away the hunting and fishing dollars brought to this community in favor of those brought by the bird watchers? The folks making this proposal would have you believe that the viewing industry is much more 8/9 bb9b•£8Z•L06 uollego.rd 11npV laua)l WV LZ =80 ZLOZ•8Z•noN conducive to economic stimulation than hunting and fishing. But don't take the author's opinion, simply look around and talk to area business folks and see how incredibly misleading those statements are. But perhaps most important in all of this; no one is ever restricted from viewing wildlife. It does not cost anything, it can be done anywhere, there is no closed season and no limit. The so- called aon- consumptive users can go forth and engage in their selected hobby with virtually no restil0ion. Why in the world would there need to be structure added to an area already overtaxed with structure? There is already so many areas on the peninsula that offer viewing opportunities right from the road. If one really wants a natural viewing experience would boardwalks, platforms, and blinds even be desirable? What few birds and animals that remain once structure like this is put in are no longer "natural" they are conditioned and bare virtually no resemblance to their wild counterparts. The same can easily be viewed at the zoo. There have been recent articles in local papers about bird watchers scrambling from long distances to see a "rare" bird. Supposedly large groups of these folks descend on the poor bird in question and surround it. Really? Is that really what one would do to a creature that is apparently already having a tough time making a living, Finally, there is the cultural tradition of the Kenai River Delta. Since recorded history we know that this magnificent delta has utilized by its inhabitants in a subsistence mariner, The native tribes who actually first discovered the area utilized the marine life, the ftubearers, the wildfowl and the large herbivores the area produced to survive. Other cultures that have followed have also utilized this area in a like manner. One need only witness the commercial fishing endeavors fromn April through September that provide sustenance to the area, the dip netting in July, that provides for area residents as well as many residents who travel from virtually every area of the state. The waterfowl hunting and the late season sport fishing is more evidence of the utilization of this area for its traditional harvests. The City of Kenai is well known for embracing these cultural traditions and melding them with economic projects that both stimulate the economy and preserve the traditional lifestyles the citizens of this community came here for in the first place. The area's opportunities for hunting and fishing have gained the City of Kenai recognition nationally for the past two years by being selected as one of the top 200 cities in the United States for hunters and fisherman to reside. Sadly enough, the City has seemed to ignore the impact of hunting that has benefited this community in recent times. People who moved here to settle and develop the area were virtually all hunters and fisherman, rural background people with the backbone to live and flourish in an area that was devoid of creature comforts for many years. The Snow Shoe Gun Club enjoys a 1,000 family member roster and these people are composed primarily of hunters. The local chapters of Safari Club International, Delta Waterfowl, and the Friends of the NRA have provided a staggering amount of support and opportunity for new hunters including youth and women as well as men who just want to learn more about the lifestyle. The generosity for the community from the NRA has resulted in a magnificent training facility at the Snow Shoe Gum Club that will be utilized in ongoing training for Bunter Education, Women on Target, youth trap and skeet, and basic fundamental wildfowl 8/1 bb9b•E8Z•L06 uol ;egoJd Jlnpy lauaN WV LZ 80 ZlOZ•8Z•AON hunting. The visitors guide to the Kenai makes no mention of the fabulous hunting opportunities in the Kenai area. There is no mention of the fact that the Kenai area is a much used _jump -off point for hunting and fishing in more remote areas to the west. But bird viewing is featured rather relentlessly with no evidence that this is a viable part of the economy. No one appreciates the opportunity to view wildlife more than hunters. They have a relationship with nature that is unparalleled by any other user group, Hunters encourage others to build that relationship with nature and it does not come from a viewing platfonn or other falsely planted structure that only serves a specific group and does disservice to the creatures that inhabit the area. With that, it is respectfully suggested that the City Council suggest alternate ways to support the wildlife viewing commmity, ways that do not affect traditional use of the area in question or the wildlife that may be viewed, Steve A. P,0, Box 2652 Kenai, AK 99611 (907) 252 -0071 8/8 bb9b•£8Z•106 uollego.ad I[npy �M)j WV LZ:80 ZIOZ•8Z-noN Sandra Modigh From: Sandra Modigh Sent: Friday, November 30, 2012 2:25 PM To: Brian Gabriel (bgabriel @ci.kenai.ak.us); 'Mike Boyle'; Pat Porter; Robert Molloy; 'Ryan Marquis; swimmer00 @hotmail.com; 'Terry Bookey'; Tim Navarre Cc: Rick Koch; Scott Bloom Subject: FW: hunting impact image Attachments: Hunting zones.jpeg; Disturbed area viewing plafform.jpg; Proposed rehabilitation project.jpg Good afternoon -- as requested, the attached pictures and email thread below has been forwarded for your review. Paper copies will be provided as a lay -down at Wednesday's meeting. Please be mindful of OMA as this topic will be before council for action in the near future. Thanks, Sandra - - - -- Original Message---- - From: Sandra Modigh Sent: Friday, November 30, 2012 9:00 AM TO: 'Ken Tarbox' Cc: Pat Porter; Rick Koch Subject: FW: hunting impact image Good morning Mr. Tarbox, The deadline for material to be included in the council packet for Wednesday's meeting has passed; therefore, I'm unable to complete your request. Although it will not be included in the packet, I will email the information to Council and provide paper copies at the meeting. Have a good weekend - Sandra - - - -- Original Message---- - From: Ken Tarbox [mailto:tarbox @ptialaska.net] Sent: Thursday, November 29, 2012 5:25 PM To: Sandra Modigh Subject: Fw: hunting impact image Sandra, would you please include copies of this email train and the attached pictures in the information packet for the Kenai City Council meeting on December 5th. Thank you. Ken Tarbox 262 -7767 - - - -- Original Message - - - -- From: "Ken Tarbox" <tarbox @ptialaska.net> To: "Bob Molloy" <bmolloyl10 @yahoo.com >; <jdevney @deltawaterfowl.org >; <bgabriel @ci.kenai.ak.us >; <terry@bookeyforkenai.com >; <timnavarre @gmail.com> Cc: "Rick Koch, City of Kenai" <rkoch @ci.kenai.ak.us >; "Mayor Pat Porter" <kenaimayorl0 @msn.com >; "Robert Ruffner" <robert @kenaiwatershed.org> Sent: Thursday, November 29, 2012 2:54 PM Subject: Fw: hunting impact image • Unfortunately, because of misinformation from a letter prepared by the • Delta Waterfowl Foundation, there has been a flurry of questions about • a proposed rehabilitation project in front of the existing wildlife • viewing platform on Public Boat Launch Road. In response to this I • sent an email (below this • email) to the Mayor and City Manager trying to reduce the fear factor > created by this letter for some users of the Kenai River estuary. I > have had a number of calls on this so felt that everyone should be > informed. I hope this does not become a distraction to the project. > As you are aware this area was disturbed to create road to a dock on > the river. After trying to rehabilitate this area with just > vegetation for the last 5years we realized that the combination of > tides and compacted soil will not allow native vegetation to take. We > have had soil scientist helping us try to be successful but even they > are at a loss for additional solutions. Therefore, the idea of > creating a pond for shorebird and waterfowl use was suggested. The > positive benefits to all users of the resource with a pond are > obvious. > The boardwalk was an attempt to provide access to the river for the > existing personal use fisherman and to provide an opportunity for > photographers and wildlife observes to reach the river bank. > From a historical perspecitive the Keen Eye Bird Club and Kenai > Watershed Forum have never advocated for reducing hunting opportunity > and have located our structures in already closed areas. Thus there > really is no conflict with the existing project or this proposed > addition. > While some may want to use this project to engage in a debate over the > value of hunting vs. wildlife viewing we have never engaged in that > debate and do not plan to do so with this project. > I have copied Mr Devney of the Delta Waterfowl Foundation on this > email to help him understand that there really is not conflict here > and that as a duck hunter myself I see only positive outcomes for the > resource, the City of Kenai, and users of the Kenai River estuary. > Ken Tarbox > 262 -7767 > - - - -- Original Message - - - -- > From: "Ken Tarbox" <tarbox @ptialaska.net> > To: 'Rick Koch, City of Kenai" <rkoch @ci.kenai.ak.us> > Cc: "Mayor Pat Porter" <kenaimayor10 @msn.com> > Sent: Wednesday, November 28, 2012 11:53 AM > Subject: Fw: hunting impact image >> Rick and Mayor Porter. There appears to be some misinformation about >> the project at the Wildlife Viewing Platform. I have attached a >> picture of the area which shows the present closed hunting areas and >> what will happen with the new project. The two red circles that are >> close to each other show the existing closed areas. You will note >> the viewing platform closed no area to hunting that was not already >> closed before the platform was built. >> The figure which is slightly beyound the existing circle toward the >> southwest and has a wedge shape between the existing closures and the >> closure from the boardwalk construction is very small. In fact it is >> less than 100 feet near the river and zero at the apex. This area >> is not a significant hunting area as claimed and can be further >> reduced if we move the boardwalk to the north side of the pond. So >> the claim that this project will significantly impact duck hunters is >> just false. No hunting takes place in the river so the offshore area >> is really a mute point. Also, the closed area associated with the >> existing city dock removes a large section of the river from hunting. >> From the start the attitude of myself and others is that both groups >> can co -exist and have. However, local hunters have refused to even >> contact myself or others about this project before contacting the >> Delta Waterfowl Association. >> I find it interesting that the Delta Waterfowl Foundation has written >> that a tower and boardwalk will be constructed. Obviously, they are >> unaware that the viewing platform is already constructed and that the >> two groups have co- existed for a few years without issues. >> The other issues raised in the Delta Waterfowl Foundation letter >> about reduce hunting opportunities due to wildlife viewing are true >> for some areas. However, waterfowl hunting has reduced wildlife >> viewing opportunities in other areas. The most obvious is the United >> Fish and Wildlife Service refuges that close large areas to viewing >> to provide for hunting. Therefore the key is balance and in the case >> of the Kenai Flats that balance is certainly in favor of the >> waterfowl hunters and we have no desire to alter that with this project. >> I hope your meeting with Mr. Myers will be productive and hope this >> information will help to reduce his concerns. >> Ken Tarbox Looking west from bird viewing platform parking area 350feet Boardwalk Foot print 2300 sq yrds Perimeter 850 ft / �` Sponsored by: Council Member Molloy t e"yy CITY OF KENAI KENAI, ALASKA RESOLUTION NO. 2013 -XX [DRAF7] A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI SUPPORTING THE KENAI RIVER ESTUARY REHABILITATION PROJECT BETWEEN THE KENAI WILDLIFE VIEWING PLATFORM AND THE KENAI RIVER IN KENAI, ALASKA WHEREAS, with the approval and assistance of the City of Kenai, a public - private partnership developed the Kenai Wildlife Viewing Platform on City of Kenai property adjacent to Boat Launch Road in Kenai, Alaska, utilizing private donations and grants from the United States Fish and Wildlife Service and the Alaska Department of Fish and Game; and, WHEREAS, the Kenai Wildlife Viewing Platform was located on disturbed soil in order to minimize impacts to wildlife habitat at the Kenai River estuary; and, WHEREAS, the area between the Kenai Wildlife Viewing Platform and the Kenai River had been a roadbed in the past and since has been covered in river silt, and is an area of disturbed soil; and, WHEREAS, in 2010, with approval and assistance of the City of Kenai, and grants from the United States Fish and Wildlife Service, the Kenai Watershed Forum began restoration work on this area, but these efforts failed as the high tides of Upper Cook Inlet periodically cover this area, compacting the soil into a hardened surface, and also the increased use of this area to access the Personal Use Dip Net Fishery further degraded restoration efforts, even with fencing and directional signage; and, WHEREAS, the Kenai Watershed Forum proposes the Kenai River Estuary Rehabilitation Project, a project that seeks a successful rehabilitation of the disturbed area between the Kenai Wildlife Viewing Platform and the Kenai River to include revegetation and /or the construction of a tidal pond, with Phase 1 being design, survey, and applications for permits by permitting agencies, and with Phase 2 being revegetation and /or pond construction, and with project funding being private donations and grants from the Alaska Department of Fish and Game and the United States Fish and Wildlife Service; and, WHEREAS the City of Kenai's support is necessary for applications for permits with permitting agencies, and will enhance the Kenai Watershed Forum's and its partners' solicitation of private donations and applications for grants; NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the City of Kenai supports the Kenai Watershed Forum's Kenai River Estuary Rehabilitation Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of February, 2013. Resolution No. 2013 -XX [Draft] Page 2 PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Sandra Modigh From: Rick Koch Sent: Friday, January 18, 2013 10:31 AM To: Sandra Modigh Subject: FW: ADFG Funds, general update Rick R. Koch City Manager City of Kenai 210 Fidalgo Ave. Kenai, AK 99611 (907)283 -8222 (907)398 -0190 - - - -- Original Message---- - From: Robert Ruffner [mailto :robert(c).kenaiwatershed.orc] Sent: Friday, January 18, 2013 8:25 AM To: Anne L (DFG) Sutton Cc: Robert J. Molloy; Rick Koch; Josselyn O'Connor Subject: ADFG Funds, general update Anne, Thanks for the call. I have not had a chance to speak with the City about this; however, I don't think it will be an issue. I am cc'ing the city manager and a council member that has written a resolution of support for the restoration effort. In a paragraph I'll try to summarize so we all have the same basic understanding. The KWF will lead a restoration effort on the Kenai Flats near boat launch road, in collaboration with the Ctiy and other interested individuals. A few user groups need to weigh in on the project so we're all more or less on the same page. The interested groups are wildlife viewers, duck hunters and dip netters. Each group uses the area and has particular desires. The City owns the land and has the ultimate say in what will or will not take place here. It seems as though there is convergence by all parties on an evaluation of the site to see if we can do something that we haven't done to restore the area as close to pre disturbance conditions as possible. It is my hope that we can complete this evaluation this spring and make a final decision on restoration. It is still unclear on what, if anything needs to be done to accommodate the high use associated with the dip net fishery. The Kenai City Council has called a work session to get any outstanding issues on the table and move the project forward. The Alaska Department of Fish and Game has -$10k that they would like to use to support this effort and the most sensible funding mechanism is to pass that money to the City of Kenai and when coupled with money the KWF already has secured from the USFWS, we have a total of - $30,000 to proceed. Again I have note approached the city with this, but we have several ongoing projects similar to this, so I don't see it as an issue and we should bring it up at the work session on the 22nd and we'll figure out how to best administer this funding arrangement. Robert Ruffner PS I will be gone from Jan. 25 to Mar. 15. Josselyn O'Connor will be the acting director in my absence, please copy her on future correspondence. R PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA }ss: Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Work Session PO #99490 a printed copy of which is hereto annexed was published in said paper one each and every day for one successive and consecutive day in the issues on the following dates: January 18, 2013 SUBSCRIBED AND SWORN to me before this 24th day of January 2013 ,>�oQ NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 27- Aug -16 PUBLIC NOTICE IaIULy�R1Ula1 Notice is hereby given; the Kenai City Council will meet in a work session on Tuesday, January 22, 2013 to discuss the Kenai River Estuary Rehabilitation Project at the Wildlife Viewing Platform. The work session will be held in the Kenai City Council Chambers located at 210 Fidalgo Avenue, Kenai, Alaska and will begin at 6:00 p.m. The work session is open to the public. Please contact the Kenai City Clerk's office at 283.7535, extension 231 if you have questions related to this meeting. Sandra Modigh, CMC, City Clerk Publish: 1118113 D564/211 �yE Russ 140TAR V- PUBLIC �Q